Transfer of Tribunal Functions Order 2008

My Lords, on the whole, these Benches were fairly supportive of the Bill during its passage, expressing, where we felt necessary, our strong feelings and, indeed, objections, with regard to some of the detail, and, more particularly, how that detail would translate into daily usage and its effect on the applicants in question or, as the Government like to refer to them, the stakeholders. It is in that context that I return without apology to the Government’s decision to abolish the PAT, which we felt was taking streamlining much too far, and the results of which would be seriously deleterious to the military stakeholders at a time when their support within our society is most needed and should be demonstrably visible. Like others, I thank the Minister, his predecessors and his whole team both here and in the other place—and, of course, the noble and gallant Lord, Lord Craig, the noble Lords, Lord Morris and Lord Cope, and others—for their hard work in giving effect to legislation which was needed to some extent, while protecting the very people it was meant to serve. Directing all of the former Pensions Appeal Tribunal’s work into a specific chamber of the first-tier tribunal, which we seek to put into effect today, will provide a compromise—perhaps one that we would have preferred not to have to even contemplate, but one that all involved parties wish to seek work as constructively as possible. I wholeheartedly support the noble and gallant Lord, Lord Craig, in the questions that he asks when he expresses his concern as to the future of the newly proposed stand-alone chamber. How can its survival be assured against a backdrop of further reorganisations, future financial constraints, numbers of applications and so on? The list is as long as any scenario one might anticipate, especially in the case of any future change of Administration. It is clear that Parliament should have the final say, especially where abolition or restriction of such a chamber's activities might be concerned. Equally, the current statutory protection enjoyed by the PATs must be expressed somewhere in clear-cut terms with respect to the WPAFC chamber; the initialisms get even longer. I shall refer briefly, however, to the Minister's statement on the proposed steering committee tasked with ensuring cohesion of jurisdiction between the different PATs and the new chamber. I would welcome the Minister’s assurance that the steering group will continue to coexist with the new chamber; and that the independent chair should have some military and legal knowledge. Who will the steering group actually report to? Will it be in writing? Will Parliament be informed of its work and adhesion to its recommendations? Finally, on the First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008, which we are considering today, the president must be fully aware and must be guided by the content of the Minister’s statement when addressing issues pertinent to the new War Pensions and Armed Forces Compensation Chamber.